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Brijesh Sharma   01 July 2021

Compromise decree

Family compromise decree is given under order 23 rule 3 by court on December 2017. According to compromise term a family member share will be registered in one year with other female member's doughter. Also some money is given by member to female member in one year as per compromise.
But in compromise decree court ordered -
1- share of a member is ownership and possession of female member's doughter and will be registered by a member to female member's doughter.
2- money will be given to female member.

What is the limitation for registration of share and giving money. 3 years, 12 years or 4 years ?


Learning

 4 Replies

Shubham Bhardwaj (Advocate)     01 July 2021

Dear Mr Sharma, 

The wordings of your query are little confusing however, what I could understand is that a court has passed a compromise decree and in that decree court has ordered a specific allotment of property and money to members of family. Now what you want to know is that what is the time in which the share is to be actually allotted. 

The order of a court can be executed by the parties themselves any time and there is no time limit as the limitation does not apply. However, if an execution is to be filed by an aggrieved party against the party on whom the court has put an obligation then, then the time period to get the same executed is 12 years under the Limitation Act, 1963. For eg: If the court has ordered a specific member to pay money to another member, then the member who was to receive the money can file an execution within 12 years from the date decree becomes enforceable. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- opinion is only for guidance. 

1 Like

P. Venu (Advocate)     02 July 2021

Yes, what exactly is the terms of the compromise/settlement which had been decreed?

Dr J C Vashista (Advocate)     02 July 2021

I agree and appreciate the opinion and advise of expert Mr. Shubham Bhardwaj, nothing more to add. 

Get the decree executed within 12 years

1 Like

T. Kalaiselvan, Advocate (Advocate)     06 July 2021

as rightly opined by experts above, your query is not clear and also it is not understood that what you want to clarify in furtherance to the decree obtained.

Either you may reproduce the contents as given in the decree here for  proper opinion by experts here or you may consult a local lawyer if your  own lawyer is not willing to interpret or not able to explain the same,  for more clarity.

 


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